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Compelled Lawyer Representation And The Free Speech Rights Of Attorneys, Leora Harpaz
Compelled Lawyer Representation And The Free Speech Rights Of Attorneys, Leora Harpaz
Faculty Scholarship
This Article examines the Supreme Court's decision in Hurley v. Irish-American and compares it to the decision in Stropnicky v. Nathanson. It then considers whether there are sufficient distinctions between the two cases so as to defeat the First Amendment argument that was successful in Hurley. It concludes that the differences between the two cases are not sufficiently significant from the point of view of the First Amendment and that the application of the state public accommodation statute to a lawyer's ideologically motivated decision not to represent a client violates the First Amendment.
Constitutional Qualms Concerning: Government Restrictions On Tobacco Product Advertising, Barbara A. Noah
Constitutional Qualms Concerning: Government Restrictions On Tobacco Product Advertising, Barbara A. Noah
Faculty Scholarship
This Article evaluates the constitutionality of a representative series of congressional proposals to limit tobacco advertising. Federal legislation codifying the tobacco settlement included possible restrictions on outdoor advertising, a prohibition on the use of cartoon images, permitting only tombstone format for advertisements in publications that target a youth audience, a prohibition on the sale or gift of promotional items bearing tobacco product names or logos, a ban on industry sponsorship of sporting and other cultural events, and restrictions on Internet promotions. The Author suggests that upon seeking to prevent tobacco companies from encouraging illegal tobacco use by minors, the FDA's …